New Hampshire Drunk Driving Laws
 |
|---|
To determine whether a driver is impaired, law enforcement officials rely on a scientific calculation known as the blood-to-alcohol ratio, or BAC, which reveals the percentage of alcohol found in a person’s bloodstream. As a result, when an officer suspects a driver may be under the influence, a chemical test will be administered to calculate his or her BAC.
There are three types of chemical tests: breathalyzers (breath tests), blood tests, and urine tests. Although breathalyzers are the most common form of chemical testing, in some situations, the driver may be asked to provide a blood and/or urine sample. Regardless of which type of chemical test the officer requests, New Hampshire’s “Implied Consent Law” requires all drivers to submit to such testing, and the consequences for refusing to perform the test are oftentimes more severe than for failing.
If a driver “fails” a chemical test, it means the results indicate he or she has an illegal BAC. Like most states, New Hampshire law prohibits anyone from operating a vehicle with a blood alcohol content of 0.08% or higher. This means that, if an officer determines a driver has a BAC above this limit, he or she is authorized to make an arrest—even if the individual does not show signs of impairment at the time.
In some situations, a driver can be arrested with a BAC below the 0.08% limit. Underage motorists, for example, as well as individuals who operate a commercial vehicle (such as a tow truck or tractor trailer) have less leeway when it comes to the amount of alcohol they are permitted to have in their system. According to these restrictions, a driver under 21 is legally impaired when his or her BAC reaches 0.02%, while commercial vehicle operators can be charged with DWI with a BAC of 0.04% or higher.
If you are convicted of drunk driving in New Hampshire, the penalties you receive will depend largely upon your prior history of DWI. The minimum sentence for a first offense includes a $500 fine and 9-month license suspension, while a second conviction carries a mandatory jail sentence, $750 fine, and 3-year license suspension. A third DWI conviction, meanwhile, can cost $750 or more in fines, and lead to a permanent license suspension and 180-day jail sentence. In severe cases, additional penalties may also be applied for “aggravated DWI”—such as speeding 30 miles or more above the speed limit, causing a serious accident, traveling with a passenger under 16, and/or having a BAC of 0.16% or higher.
Despite the state’s stringent BAC guidelines and harsh penalties, it is possible to avoid being convicted of DWI. In fact, with the right legal strategy, you may be able to challenge your arrest and reduce or eliminate the charges against you. To schedule a free, no-obligation consultation with a skilled DWI defense attorney in your area, submit your information online today.
